Department of Housing and Urban Development March 2011 – Federal Register Recent Federal Regulation Documents

Section 106 of the Department of Housing and Urban Development Reform Act of 1989 (the HUD Reform Act) requires HUD to publish quarterly Federal Register notices of all regulatory waivers that HUD has approved. Each notice covers the quarterly period since the previous Federal Register notice. The purpose of this notice is to comply with the requirements of section 106 of the HUD Reform Act. This notice contains a list of regulatory waivers granted by HUD during the period beginning on October 1, 2010, and ending on December 31, 2010.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. The proposed form, an attachment to HUD Federal Financial Assistance applications, requests applicants to obtain a certification from the Designated Point of Contact for designated Preferred Sustainability Status Community using form HUD-2995 which verifies that the applicant has met the above criteria. The form will certify the nexus between the proposed activities of the applicant and the Livability Principles as they are being advanced in the Preferred Sustainability Status Communities. If the applicant is from the agency that holds Point of Contact status in a particular Preferred Sustainability Status Community, it must be certified by the appropriate HUD Regional Administrator in consultation with field staff.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. In 1998, the HUD Reform Act allowed Mixed-Finance public and affordable housing development. Mixed-Finance is the process where public housing funds are mixed with other government and non-government financing in order to encourage the development of mixed-income housing that includes public housing units. In addition, Public Housing Authorities (PHAs) may use other sources of financing to supplement their development or rehabilitation of public housing units. The form and agreements in this Information Collection pertain to the financial closing of a Mixed-Finance housing project's development or rehabilitation. They describe the ownership of, type, size and number of, construction period and permanent financing of, the restrictions on the usage of, and HUD and Federal Government rights to, the public, affordable and market rate rental housing units that are being developed or rehabilitated.

This Notice announces a debenture call of certain Federal Housing Administration (FHA) debentures, in accordance with authority provided in the National Housing Act.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. HUD grant recipients proposing to use HUD funds for projects within floodplains or wetlands provide information indicating compliance with relevant requirements. Respondents must publish notifications of intent and inform affected private parties (potential purchasers, etc.).

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. This is a new information collection request. The Department of Housing and Urban Development is seeking emergency review of the Paperwork Reduction Act requirements associated with HUD's Homelessness Prevention Study. This information collection request includes a survey instrument that will be administered to a nationally-representative sample of Homelessness Prevention and Rapid Re-housing Program (HPRP) grantees, as well as the site visit interview guide that will serve as the protocol for 15-18 site visits to be conducted to select HPRP grantees.

The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.

The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.

The American Recovery and Reinvestment Act of 2009 (the Recovery Act) included a $4 billion appropriation of Capital Funds for public housing agencies (PHAs) to carry out capital and management activities, as authorized under section 9 of the United States Housing Act of 1937 (the 1937 Act). The Recovery Act required that $3 billion of these funds be distributed as formula funds and the remaining $1 billion be distributed through a competitive process. HUD obligated approximately $2.985 million in formula funds to PHAs on March 18, 2009. On May 7, 2009, HUD posted on its Web site its Notice of Funding Availability (NOFA), which launched the competitive distribution of Capital Funds. In September 2009, HUD announced the award of $995 million in Capital Fund Recovery Competition (CFRC) Grants. In accordance with the Recovery Act, HUD was required to reallocate any Recovery Act Capital Funds that were returned prior to the initial obligation deadline and/or recaptured. After award, a number of grantees were subsequently unable to meet the NOFA and Recovery Act criteria and approximately $14 million in CFRC funds were recaptured. Additionally, another $3.2 million in Capital Fund Recovery Grant (CFRG) funds that were unable to meet the obligation deadline were recaptured. Since the Act required that HUD redistribute any grant funds that were not in compliance, $17,161,649.00 was awarded to pending Recovery Act PHA applicants who had applied for funding under Category 4, Option 2 of the NOFA Creation of Energy Efficient, Green Communities, consistent with the Department's objective of promoting energy efficiency. This notice announces the grantees that received the reallocated funds.

HUD announces the availability on https://www.Grants.gov and its website at https://www.hud.gov/offices/adm/grants/nofa10/grpshop.cfm a technical correction to the FY 2010 NOFA for the Self-Help homeownership Opportunity Program (SHOP). This notice corrects the Threshold Requirement in the NOFA to make clear that a SHOP applicant and its affiliates must qualify as eligible public or private nonprofit organizations under federal or state law. This Notice also corrects sections in the NOFA that relate to this threshold requirement. This notice also makes applicants aware of a correction to the eLogic Model form HUD 96010 SHOP V12.3 012811. The coding in the form originally posted did not allow the macros to function properly. The coding has been corrected and the corrected HUD 96010 SHOP V12.3 030311 form is contained in the Instructions Download. Applicants that have already submitted an application using an earlier version of the eLogic Model, should pull a new Logic Model from the instructions download, complete a new eLogic Model, attach the new Logic Model to their application, and resubmit the application. The Technical Correction also extends the deadline date for the Self-Help homeownership Opportunity Program (SHOP) NOFA until April 18, 2011. The Catalogue of Federal Domestic Assistance (CFDA) number for this program is 14.247.

The United States Housing Act of 1937 requires that assistance contracts signed by owners participating in the Department's Section 8 housing assistance payment programs provide annual adjustment to monthly rentals for units covered by the contract. This Notice announces revised Contract Rent AAFs for adjustment of contract rents on assistance contract anniversaries. The factors are based on a formula using residential rent and utility cost changes from the most current annual Bureau of Labor Statistics Consumer Price Index (CPI) survey. These factors are applied at Housing Assistance Payment (HAP) contract anniversaries for those calendar months commencing after the effective date of this Notice. HUD will publish ``Renewal Funding AAFs,'' in a separate Notice, to be used exclusively for renewal funding of tenant-based rental assistance, if so required in the fiscal year (FY) 2011 HUD Budget.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. This information collection will facilitate the collection of Section 3 information to assess the impact of HUD-assisted activities on enhancing the economic opportunities for lower persons and the use of businesses that employ low-income persons.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. This information is required under HUD's Technical Suitability of Products Program to determine the acceptance of materials and products to be used in structures approved for mortgages insured under the National Housing Act. Respondents are manufacturers seeking acceptance of their products by HUD.

HUD announces the availability on its Web site of the applicant information, submission deadlines, funding criteria, and other requirements for HUD's FY2010 Section 202 NOFA. Approximately $371 million in capital advance funds, plus associated project rental assistance contract (PRAC) funds is made available through this NOFA, by the Consolidated Appropriations Act, 2010 (Pub. L. 111-117, approved December 16, 2009). The Section 202 program provides funding for the development and operation of supportive housing for very low-income persons 62 years of age or older. Applicants planning to submit an application in response to this NOFA should also review HUD's Fiscal Year 2010 Notice of Funding Availability (NOFA) Policy Requirements and General Section that HUD posted on June 7, 2010 (FR 5415-N-01) for program thresholds and additional information and instructions to assist in submitting an application. The notice providing information regarding the application process, funding criteria and eligibility requirements can be found using the Department of Housing and Urban Development agency link on the Grants.gov/Find Web site at https://www.grants.gov/search/agency.do. A link to Grants.gov is also available on the HUD Web site at https:// www.hud.gov/offices/adm/grants/fundsavail.cfm. The Catalogue of Federal Domestic Assistance (CFDA) number for this program is 14.157, Section 202 Supportive Housing for the Elderly. Applications must be submitted electronically through Grants.gov.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Contractor's monthly application for distribution of insured mortgage proceeds for construction costs. Multifamily Hub Centers ensure that work is actually completed satisfactorily. The prevailing wages certification ensures compliance with prevailing wage rate.

This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.

The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.

Section 8(c)(1) of the United States Housing Act of 1937 (USHA) requires the Secretary to publish FMRs periodically, but not less than annually, for effect on October 1 of each year. Today's notice requests public comment regarding the manner in which HUD calculates the trend factor used in the Fair Market Rent (FMR) estimates to meet the statutory requirement that FMRs be ``trended so the rentals will be current for the year to which they apply''. HUD provides several proposed alternatives to the current trend factor and requests comments on these alternatives as well as suggestions of other ideas.

This interim rule reinstates, with certain modifications, regulations that HUD formerly published to serve as the framework by which emergency relief may be provided to homeowners experiencing temporary involuntary loss of employment or underemployment resulting in a substantial reduction in income due to adverse economic conditions, and who consequently are financially unable to make full mortgage payments. These regulations were promulgated following enactment of the Emergency Homeowners' Relief Act of 1975. This 1975 statute provided standby authority to the Secretary to insure or make loans to homeowners to defray mortgage expenses, so as to prevent widespread mortgage foreclosures and distress sales of homes resulting from a homeowner's substantial reduction income. Although the 1975 regulations were quickly put in place, they were not utilized, and HUD eventually removed the regulations from the Code of Federal Regulations (CFR) in 1995. The Dodd-Frank Wall Street Reform and Consumer Protection Act, recently enacted into law, reauthorized the 1975 statute, with certain amendments, and made $1 billion available for this 1975 program during Fiscal Year (FY) 2011. Accordingly, HUD is reinstating the regulations for the program, under the title of ``Emergency Homeowners' Loan Program,'' with such modifications as necessary to mirror the statutory changes to the Emergency Homeowners' Relief Act of 1975 made by the Dodd-Frank Wall Street Reform and Consumer Protection Act.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Application for the Family Unification Program: Makes Housing Choice Vouchers available to eligible families to promote family reunification. Youths 18 to 21 who left foster care at age 16 or older are also eligible to receive assistance under the program for a maximum of 18 months. Eligible applicants are Public Housing Agencies, who must work with a Public Child Welfare Agency to identify and assist FUP voucher recipients. Information collected will be used to evaluate applications and award grants through the HUD SuperNOFA process.

In accordance with Executive Order 13563, ``Improving Regulation and Regulatory Review,'' HUD is reviewing its existing regulations to evaluate their continued effectiveness in addressing circumstances for which the regulations were promulgated. As part of this review, HUD invites public comments to assist in the development of a plan for periodically analyzing existing significant regulations to determine whether they should be modified, streamlined, expanded, or repealed. HUD also seeks comment to identify specific current regulations that may be outdated, ineffective, or excessively burdensome. The purpose of this regulatory review is to make the Department's regulations more effective and less burdensome in achieving HUD's mission to create strong, sustainable, inclusive communities, and quality affordable homes for all.

This notice announces HUD's sale of certain unsubsidized healthcare mortgage loans, without Federal Housing Administration (FHA) insurance, in a competitive, sealed bid sale (HCLS 2011-1). This notice also describes generally the bidding process used for the sale and certain persons who were ineligible to bid. The Bidder's Information Package (BIP) was made available to qualified bidders late January. Closings are expected to take place by March 10, 2011.